Capacity Building for Conflict Resolution

Annexure-I(1)

National Workshop on Conflict Management

held at
Centre for Policy Research, New Delhi
4th-5th February, 2006
Speech by the Chairman, ARC
Enforcing rule of law, and maintaining public order, are inseparable and they form the bedrock
of a civilised society and sound liberal democracy.
In a democratic polity, which is founded on the bedrock of rule of law, maintenance of
peace and order assumes paramount importance. Public order is synonymous with peace,
safety and tranquility of the community. Maintenance of public order is a core function
of governance. The Indian Constitution, while according a pre-eminent position for the
fundamental rights of citizens, recognises the importance of public order, by providing
for legislation imposing reasonable restrictions in the interest of public order. Under the
Constitution of India, the Union and the federating units, that is, the States have welldefined areas of responsibility. Public Order and Police are essentially the responsibilities
of State Governments. However, the Central Government assists them by providing Central
Paramilitary Forces (CPMFs) as and when required.
The Administrative Reforms Commission is looking at Public Order with a view to suggest
a framework to strengthen administrative machinery to maintain public order conducive to
social harmony and economic development and also to build capacity for conflict resolution.
ARC is looking into all aspects of the subject therefore the focus is on studying the causes of
public disorder, how early symptoms of disorder should be detected and addressed well in
time, what should be the role of various stakeholders in maintenance of public order, how
the enforcement machinery should be made more effective to deal with public disorder.
The Commission is examining the subject by focusing on its components, namely, causes
of conflicts and their resolution, secondly the role of civil administration, media, society,
Judiciary and NGOs in maintaining public order, and thirdly the role of police and the
need for reforms. Accordingly, each one of these is being discussed in great length in three
separate workshops. In the first workshop which is being organised jointly with the Centre
for Policy Research (CPR), the role of civil administration and other stakeholders would
be discussed; in the second workshop, which is being organised jointly with CPR and the
224

Annexure-I(1) Contd.

Kannada University, Hampi, the different types of conflicts in the Indian Society would
be discussed, and in the third workshop being organised jointly with the National Police
Academy, the Role of Police would be discussed.
The aim of the first workshop on public order is to identify the salient lessons we can learn
from a variety of experiences in dealing with public disorder. The workshop will help the
ARC to think through some of the challenges posed for the maintenance of public order
by the role of the four agencies namely the civil administration, the judicial interventions,
the civil society and the media. How can these agencies be strengthened to make them
promoters of a more humane public order? What are some of the difficulties that actors in
these different domains face? What are some of the commonly leveled criticisms of these
agencies? Do these criticisms need some administrative or legal response? What explains the
success or failure of these agencies on some occasions. Although the focus of the workshop
will be on reforms that can be implemented, this workshop would like to discuss these issues
in the widest possible perspective so that new and innovative ideas can be countenanced.
The main task of the workshop will be to identify problems and challenges in these domains,
and to recommend possible solutions.
The purpose of the second workshop that is on Conflict resolution is to (a) engage in free
and frank discussions about the causes of conflicts in India, (b) arrive at some conclusion
about the role and importance of different ethnic factors in the origin and continuance of
these conflicts so that (c) fundamental solutions can be proposed to address the deep-rooted
causes for the sustainable maintenance of public order. The emphasis will be on coming up
with specific recommendations pertaining to administrative reform.
Similarly the third workshop, which is being organised jointly with the National Police
Academy, would focus on the role of police and police reforms.
Before I go into the role of various stakeholders, I would like to clarify the meaning of the
words public order. Any violation of Law is a problem of Law and Order, but every such
violation is not a case of disturbance of public order. The dividing line between Public
Order and Law and Order is very thin. The Apex Court has explained the concept of public
order. It is the potentiality of an act to disturb the even tempo of the life of the community
which makes it prejudicial to the maintenance of public order. If the contravention in
its effect is confined only to a few individuals directly involved, as distinct from a wide
spectrum of public, it would raise the problem of law and order only.
225

Capacity Building for Conflict Resolution

Annexure-I(1)

National Workshop on Conflict Management

held at
Centre for Policy Research, New Delhi
4th-5th February, 2006
Speech by the Chairman, ARC
Enforcing rule of law, and maintaining public order, are inseparable and they form the bedrock
of a civilised society and sound liberal democracy.
In a democratic polity, which is founded on the bedrock of rule of law, maintenance of
peace and order assumes paramount importance. Public order is synonymous with peace,
safety and tranquility of the community. Maintenance of public order is a core function
of governance. The Indian Constitution, while according a pre-eminent position for the
fundamental rights of citizens, recognises the importance of public order, by providing
for legislation imposing reasonable restrictions in the interest of public order. Under the
Constitution of India, the Union and the federating units, that is, the States have welldefined areas of responsibility. Public Order and Police are essentially the responsibilities
of State Governments. However, the Central Government assists them by providing Central
Paramilitary Forces (CPMFs) as and when required.
The Administrative Reforms Commission is looking at Public Order with a view to suggest
a framework to strengthen administrative machinery to maintain public order conducive to
social harmony and economic development and also to build capacity for conflict resolution.
ARC is looking into all aspects of the subject therefore the focus is on studying the causes of
public disorder, how early symptoms of disorder should be detected and addressed well in
time, what should be the role of various stakeholders in maintenance of public order, how
the enforcement machinery should be made more effective to deal with public disorder.
The Commission is examining the subject by focusing on its components, namely, causes
of conflicts and their resolution, secondly the role of civil administration, media, society,
Judiciary and NGOs in maintaining public order, and thirdly the role of police and the
need for reforms. Accordingly, each one of these is being discussed in great length in three
separate workshops. In the first workshop which is being organised jointly with the Centre
for Policy Research (CPR), the role of civil administration and other stakeholders would
be discussed; in the second workshop, which is being organised jointly with CPR and the
224

Annexure-I(1) Contd.

Kannada University, Hampi, the different types of conflicts in the Indian Society would
be discussed, and in the third workshop being organised jointly with the National Police
Academy, the Role of Police would be discussed.
The aim of the first workshop on public order is to identify the salient lessons we can learn
from a variety of experiences in dealing with public disorder. The workshop will help the
ARC to think through some of the challenges posed for the maintenance of public order
by the role of the four agencies namely the civil administration, the judicial interventions,
the civil society and the media. How can these agencies be strengthened to make them
promoters of a more humane public order? What are some of the difficulties that actors in
these different domains face? What are some of the commonly leveled criticisms of these
agencies? Do these criticisms need some administrative or legal response? What explains the
success or failure of these agencies on some occasions. Although the focus of the workshop
will be on reforms that can be implemented, this workshop would like to discuss these issues
in the widest possible perspective so that new and innovative ideas can be countenanced.
The main task of the workshop will be to identify problems and challenges in these domains,
and to recommend possible solutions.
The purpose of the second workshop that is on Conflict resolution is to (a) engage in free
and frank discussions about the causes of conflicts in India, (b) arrive at some conclusion
about the role and importance of different ethnic factors in the origin and continuance of
these conflicts so that (c) fundamental solutions can be proposed to address the deep-rooted
causes for the sustainable maintenance of public order. The emphasis will be on coming up
with specific recommendations pertaining to administrative reform.
Similarly the third workshop, which is being organised jointly with the National Police
Academy, would focus on the role of police and police reforms.
Before I go into the role of various stakeholders, I would like to clarify the meaning of the
words public order. Any violation of Law is a problem of Law and Order, but every such
violation is not a case of disturbance of public order. The dividing line between Public
Order and Law and Order is very thin. The Apex Court has explained the concept of public
order. It is the potentiality of an act to disturb the even tempo of the life of the community
which makes it prejudicial to the maintenance of public order. If the contravention in
its effect is confined only to a few individuals directly involved, as distinct from a wide
spectrum of public, it would raise the problem of law and order only.
225

Capacity Building for Conflict Resolution

Annexure-I(1) Contd.

Importance of Maintaining Public Order

India today is poised to emerge as a global economic power with all its high growth rate of
economy and all-round economic development. For realising our legitimate aspirations
of economic development, it is essential that the problems of peace and order are managed
efficiently in the country. No developmental activity is possible in an environment of
insecurity and disorder. Failure to manage the multifarious problems arising out of violent
conflicts based on religious, caste, ethnic, regional or any other disputes, can lead to
unstable and chaotic conditions. Such conditions not only militate against realisation of
our economic dream, but also would jeopardise our survival as a vibrant democracy. We
have to look at the problem of public order management and the role of law enforcement
in that regard, in this perspective. We should not forget that it is the weaker sections which
suffer the most in any public disorder.
Whose Responsibility is to Maintain Public Order Role of Civil Administration
Undoubtedly, it is the role of the police, as the principal law enforcement agency to preserve
public order. The magistracy and the judiciary also have a vital role in preserving public
order. But there are other agencies within the governmental set up which have to contribute
towards preserving public order. It is the police which bears the brunt of violations of the
Laws and also the ensuing violence. But in a large number of cases, addressing the root cause
is much beyond their purview. The case of recent demolitions in Delhi is an example. The
main cause there has been the non enforcement of the building regulations by the officials
who were entrusted this task. Another example is the Ulhasnagar demolitions.
If one looks at the causes of public disorder, there are a host of reasons. These may be
broadly classified into socio-economic, political, historical and administrative. I am not
going into the details of each one of these but I would like to highlight that a large number
of public disorders have administrative reasons as their root cause. Therefore we have to
bring in change in our mindset. Our response to public disorder should commence at the
very initial stage, and it is here that the role of entire civil administration including both
regulatory and developmental agencies, becomes important.
The period after Independence has seen a tremendous increase in spread of education
and alongside has increased the awareness among the people and so also the aspirations.
And when these aspirations are not met, tensions prevail within the society, which if not
redressed have the potential of erupting as a problem of public disorder. Increasingly, and
226

Annexure-I(1) Contd.

rightly so, administration is not being perceived as a ruling class. People are realising that
they are service providers. The administration must also realise this role. Wrong doings of
administration, which in the past may have got muted acceptance, are no longer being
tolerated by the civil society. We have to provide an administration which is fair, objective
and transparent. How to achieve this is a challenge before us.
Role of the Judiciary
Access to justice is fundamental to the Rule of Law. If the citizens feel that access to justice
is delayed or is not effective, they get alienated. If they feel that punishment is meted out
to the wrong doers only in a few cases, they have a tendency to disassociate them with the
judicial process and stop taking interest as a complainant, a witness or a pancha.
Sometimes a landlord looking to get a recalcitrant tenant out, a tenant seeking protection
from an avaricious landlord, families involved in property disputes, start by thinking that
gangsters (goondas) can settle their problems which the courts are going to take ages to
do. If this becomes common, criminality will be a substitute for Rule of Law. We have to
ensure that we do not reach such a precarious situation. Criminals should be intimidated
by what Shakespeare called the awful majesty of the law, otherwise they will become a
law unto themselves. Various Law Commissions have suggested reforms in the criminal
and civil justice administration system, which need to be acted upon.
Role of the Media
The importance of a free press, for a healthy democracy cannot be overemphasised. More
importantly, it is a sort of check and balance that keeps the authorities on their toes on the
one hand and a type of mirror that enables people in authority to get a continuous reality
check, on the other. This remains an important role for the media, despite the increasing
pressures of commercialisation. The fact that democratic India could avoid famines, Amartya
Sen has suggested, was almost entirely due to the role of the media in sensitising authorities
to the urgency of providing relief. Indeed our free and energetic media is, in fact, our best
early warning system.
But what is essential is that the media should play a responsible role. It has been observed that
at times, a part of the media has not been quite objective in their reporting. Sometimes the
media also plays a role in spreading prejudices, as they needless to say, are more interested in
sensational news than sensible constructive news. We may deliberate as to how the potential
of media can be tapped in maintaining public order.
227

Capacity Building for Conflict Resolution

Annexure-I(1) Contd.

Importance of Maintaining Public Order

India today is poised to emerge as a global economic power with all its high growth rate of
economy and all-round economic development. For realising our legitimate aspirations
of economic development, it is essential that the problems of peace and order are managed
efficiently in the country. No developmental activity is possible in an environment of
insecurity and disorder. Failure to manage the multifarious problems arising out of violent
conflicts based on religious, caste, ethnic, regional or any other disputes, can lead to
unstable and chaotic conditions. Such conditions not only militate against realisation of
our economic dream, but also would jeopardise our survival as a vibrant democracy. We
have to look at the problem of public order management and the role of law enforcement
in that regard, in this perspective. We should not forget that it is the weaker sections which
suffer the most in any public disorder.
Whose Responsibility is to Maintain Public Order Role of Civil Administration
Undoubtedly, it is the role of the police, as the principal law enforcement agency to preserve
public order. The magistracy and the judiciary also have a vital role in preserving public
order. But there are other agencies within the governmental set up which have to contribute
towards preserving public order. It is the police which bears the brunt of violations of the
Laws and also the ensuing violence. But in a large number of cases, addressing the root cause
is much beyond their purview. The case of recent demolitions in Delhi is an example. The
main cause there has been the non enforcement of the building regulations by the officials
who were entrusted this task. Another example is the Ulhasnagar demolitions.
If one looks at the causes of public disorder, there are a host of reasons. These may be
broadly classified into socio-economic, political, historical and administrative. I am not
going into the details of each one of these but I would like to highlight that a large number
of public disorders have administrative reasons as their root cause. Therefore we have to
bring in change in our mindset. Our response to public disorder should commence at the
very initial stage, and it is here that the role of entire civil administration including both
regulatory and developmental agencies, becomes important.
The period after Independence has seen a tremendous increase in spread of education
and alongside has increased the awareness among the people and so also the aspirations.
And when these aspirations are not met, tensions prevail within the society, which if not
redressed have the potential of erupting as a problem of public disorder. Increasingly, and
226

Annexure-I(1) Contd.

rightly so, administration is not being perceived as a ruling class. People are realising that
they are service providers. The administration must also realise this role. Wrong doings of
administration, which in the past may have got muted acceptance, are no longer being
tolerated by the civil society. We have to provide an administration which is fair, objective
and transparent. How to achieve this is a challenge before us.
Role of the Judiciary
Access to justice is fundamental to the Rule of Law. If the citizens feel that access to justice
is delayed or is not effective, they get alienated. If they feel that punishment is meted out
to the wrong doers only in a few cases, they have a tendency to disassociate them with the
judicial process and stop taking interest as a complainant, a witness or a pancha.
Sometimes a landlord looking to get a recalcitrant tenant out, a tenant seeking protection
from an avaricious landlord, families involved in property disputes, start by thinking that
gangsters (goondas) can settle their problems which the courts are going to take ages to
do. If this becomes common, criminality will be a substitute for Rule of Law. We have to
ensure that we do not reach such a precarious situation. Criminals should be intimidated
by what Shakespeare called the awful majesty of the law, otherwise they will become a
law unto themselves. Various Law Commissions have suggested reforms in the criminal
and civil justice administration system, which need to be acted upon.
Role of the Media
The importance of a free press, for a healthy democracy cannot be overemphasised. More
importantly, it is a sort of check and balance that keeps the authorities on their toes on the
one hand and a type of mirror that enables people in authority to get a continuous reality
check, on the other. This remains an important role for the media, despite the increasing
pressures of commercialisation. The fact that democratic India could avoid famines, Amartya
Sen has suggested, was almost entirely due to the role of the media in sensitising authorities
to the urgency of providing relief. Indeed our free and energetic media is, in fact, our best
early warning system.
But what is essential is that the media should play a responsible role. It has been observed that
at times, a part of the media has not been quite objective in their reporting. Sometimes the
media also plays a role in spreading prejudices, as they needless to say, are more interested in
sensational news than sensible constructive news. We may deliberate as to how the potential
of media can be tapped in maintaining public order.
227

Capacity Building for Conflict Resolution

Annexure-I(1) Contd.

Annexure-I(1) Contd.

Role of the Society, NGOs

Conclusion

A democratic society cannot function properly if everything in it is left only to the State
or even to statutory bodies. Because of the increasing complexities of societies everything
cannot be taken care of by the Governmental institutions. The gap has to be filled up by the
civil society. Government intervention itself will be in fructuous if it is not underpinned
by voluntary action. Moreover the exercise of political power through civil society opens
the way for democracy in real sense of the term. Civil society consists of open and secular
institutions that mediate between the citizen and the State. In the absence of civil society,
the State machinery and civil servants becomes the dominant and the only repository of
power. The modern idea of civil government requires emergence of civil society which would
make people self-reliant rather than remain dependent on State institutions. Participation
by the civil society makes the citizens active agents instead of becoming merely passive
recipients of welfare.

Development and security are truly mutually inter-related. We need therefore, to evolve
a combined strategy to deal simultaneously with the twin challenges of development
and security within the framework of a democratic polity committed to respect for all
fundamental human freedoms and also committed to upholding the rule of law. Internal
conflict management is the key to the success of participative democracy, strengthening
national solidarity and cohesion and firming up the nations resolve and capability to meet
any external threats to its security and territorial integrity. The deficiencies in this vital
area need to be plugged through judicial and police reforms, better citizen participation
in governance, transparency and more effective and integrated approach to public order
maintenance.

We, especially in the Government, need to realise that in a healthy growth model of a free
democratic society, the Government is just one of the participants. The Government exists
as one of the servitors in the service of the society. Indeed, the awareness that Government
alone can neither solve all the problems of the society nor it is the only crucial actor
in addressing major societal issues has dictated the need to look beyond Government.
Interdependence and need to find solutions to societal problems call for greater collaboration
between the Government and civil society.

Violations of public order, given their socio-economic, political and administrative causes
demand a concerted response from different wings of the civil administration. When this
is done at the nascent stage itself, minor discords can be prevented from turning into major
public disorders. The challenge lies in institutionalising a mechanism so that all wings of
the civil administration as well as other stakeholders work in a coordinated fashion. I hope
that these two workshops would be able to come up with substantial recommendations for
a framework and a roadmap for maintaining public order.

A large number of Non Governmental Organisations (NGOs) are working in the

developmental fields. But the number of such NGOs dedicating themselves to preservation
of public order is limited. We can perhaps learn from experiences of some of these NGOs
and recommend measures to pave the way for their greater involvement.
Role of the Police
I should have taken up the role of police first, as they are the main actors in this process.
But as I have mentioned that we will be discussing this issue at great length in the third
workshop, which we are organising at the National Police Academy. But I would suggest
that aspects of police administration which require interaction with other governmental
agencies and stakeholders may be discussed in this workshop.

228

229

Capacity Building for Conflict Resolution

Annexure-I(1) Contd.

Annexure-I(1) Contd.

Role of the Society, NGOs

Conclusion

A democratic society cannot function properly if everything in it is left only to the State
or even to statutory bodies. Because of the increasing complexities of societies everything
cannot be taken care of by the Governmental institutions. The gap has to be filled up by the
civil society. Government intervention itself will be in fructuous if it is not underpinned
by voluntary action. Moreover the exercise of political power through civil society opens
the way for democracy in real sense of the term. Civil society consists of open and secular
institutions that mediate between the citizen and the State. In the absence of civil society,
the State machinery and civil servants becomes the dominant and the only repository of
power. The modern idea of civil government requires emergence of civil society which would
make people self-reliant rather than remain dependent on State institutions. Participation
by the civil society makes the citizens active agents instead of becoming merely passive
recipients of welfare.

Development and security are truly mutually inter-related. We need therefore, to evolve
a combined strategy to deal simultaneously with the twin challenges of development
and security within the framework of a democratic polity committed to respect for all
fundamental human freedoms and also committed to upholding the rule of law. Internal
conflict management is the key to the success of participative democracy, strengthening
national solidarity and cohesion and firming up the nations resolve and capability to meet
any external threats to its security and territorial integrity. The deficiencies in this vital
area need to be plugged through judicial and police reforms, better citizen participation
in governance, transparency and more effective and integrated approach to public order
maintenance.

We, especially in the Government, need to realise that in a healthy growth model of a free
democratic society, the Government is just one of the participants. The Government exists
as one of the servitors in the service of the society. Indeed, the awareness that Government
alone can neither solve all the problems of the society nor it is the only crucial actor
in addressing major societal issues has dictated the need to look beyond Government.
Interdependence and need to find solutions to societal problems call for greater collaboration
between the Government and civil society.

Violations of public order, given their socio-economic, political and administrative causes
demand a concerted response from different wings of the civil administration. When this
is done at the nascent stage itself, minor discords can be prevented from turning into major
public disorders. The challenge lies in institutionalising a mechanism so that all wings of
the civil administration as well as other stakeholders work in a coordinated fashion. I hope
that these two workshops would be able to come up with substantial recommendations for
a framework and a roadmap for maintaining public order.

A large number of Non Governmental Organisations (NGOs) are working in the

developmental fields. But the number of such NGOs dedicating themselves to preservation
of public order is limited. We can perhaps learn from experiences of some of these NGOs
and recommend measures to pave the way for their greater involvement.
Role of the Police
I should have taken up the role of police first, as they are the main actors in this process.
But as I have mentioned that we will be discussing this issue at great length in the third
workshop, which we are organising at the National Police Academy. But I would suggest
that aspects of police administration which require interaction with other governmental
agencies and stakeholders may be discussed in this workshop.

228

229

Capacity Building for Conflict Resolution

Annexure-I(2)

National Workshop on Conflict Management

held at
Centre for Policy Research, New Delhi
4th-5th February, 2006
List of Panelists/Participants
A. Panelists
1.

Dr. D. Bandyopadhyay, IAS (Retd.), former Secretary to Govt. of India, Kolkata

2.

Dr. Nandini Sundar, Delhi School of Economics, University of Delhi

3.

Prof. Radha Kumar, Jawaharlal Nehru University

4.

Prof. Abusaleh Shariff, Principal Economist, National Council for Applied Economic
Research (NCAER)

5.

Dr. Ranbir Samaddar, Director, Calcutta Research Group, Kolkata

6.

Dr. Samir Kumar Das, Reader in Political Science, University of Calcutta

7.

Prof. Surinder S. Jodhka, Centre for the Study of Social Systems, JNU

8.

Dr. D. Shyam Babu, Fellow, Rajiv Gandhi Institute for Contemporary Studies

9.

Prof. B.A. Viveka Rai, Vice Chancellor, Kannada University, Hampi

10. Prof. T.P. Vijay, Deptt. of Studies in History, Kannada University, Hampi
11. Prof. H.C. Boralingaiah, Deptt. of Tribal Studies, Kannada University, Hampi

Annexure-I(2) Contd.

19. Shri Ramaswamy R. Iyer, Honorary Research Professor, CPR

20. Prof. Partha Mukhopadyay, Senior Research Fellow, CPR
21. Dr. A.K. Samanta, IPS (Retd.), Kolkata
22. Shri K.S. Dhillon, IPS (Retd.), Bhopal
23. Prof. Sushma Yadav, Dr. Ambedkar Chair in Social Justice, IIPA
24. Shri Suresh Khopade, Commissioner of Police, Railways, Mumbai
25. Shri Chandra Bhan Prasad, Journalist
26. Ms. Priya Parker
27. Shri Siddharth Mallavarapu, School of International Studies, JNU
28. Shri Y.S. Rao, Consultant, ARC
29. Shri R. Viswanathan, Consultant, ARC
C. Administrative Reforms Commission
30. Shri M. Veerappa Moily, Chairman, ARC
31. Shri V. Ramachandran, Member, ARC
32. Dr. A.P. Mukherjee, Member, ARC
33. Ms Vineeta Rai, Member-Secretary, ARC

12. Prof. T.R. Chandrashekar, Deptt. of Development Studies, Kannada University,

Hampi
B. Participants
13. Dr. Pratap Bhanu Mehta, President & Chief Executive, CPR
14. Mr. Justice Rajinder Sachar
15. Lt. Gen. V.K. Nayar (Retd.), Honorary Research Professor, CPR
16. Shri Ved Marwah, Honorary Research Professor, CPR
17. Dr. Ajit Mozoomdar, Honorary Research Professor, CPR
18. Shri Sanjoy Hazarika, Honorary Visiting Professor, CPR
230

231

Capacity Building for Conflict Resolution

Annexure-I(2)

National Workshop on Conflict Management

held at
Centre for Policy Research, New Delhi
4th-5th February, 2006
List of Panelists/Participants
A. Panelists
1.

Dr. D. Bandyopadhyay, IAS (Retd.), former Secretary to Govt. of India, Kolkata

2.

Dr. Nandini Sundar, Delhi School of Economics, University of Delhi

3.

Prof. Radha Kumar, Jawaharlal Nehru University

4.

Prof. Abusaleh Shariff, Principal Economist, National Council for Applied Economic
Research (NCAER)

5.

Dr. Ranbir Samaddar, Director, Calcutta Research Group, Kolkata

6.

Dr. Samir Kumar Das, Reader in Political Science, University of Calcutta

7.

Prof. Surinder S. Jodhka, Centre for the Study of Social Systems, JNU

8.

Dr. D. Shyam Babu, Fellow, Rajiv Gandhi Institute for Contemporary Studies

9.

Prof. B.A. Viveka Rai, Vice Chancellor, Kannada University, Hampi

10. Prof. T.P. Vijay, Deptt. of Studies in History, Kannada University, Hampi
11. Prof. H.C. Boralingaiah, Deptt. of Tribal Studies, Kannada University, Hampi

Annexure-I(2) Contd.

19. Shri Ramaswamy R. Iyer, Honorary Research Professor, CPR

20. Prof. Partha Mukhopadyay, Senior Research Fellow, CPR
21. Dr. A.K. Samanta, IPS (Retd.), Kolkata
22. Shri K.S. Dhillon, IPS (Retd.), Bhopal
23. Prof. Sushma Yadav, Dr. Ambedkar Chair in Social Justice, IIPA
24. Shri Suresh Khopade, Commissioner of Police, Railways, Mumbai
25. Shri Chandra Bhan Prasad, Journalist
26. Ms. Priya Parker
27. Shri Siddharth Mallavarapu, School of International Studies, JNU
28. Shri Y.S. Rao, Consultant, ARC
29. Shri R. Viswanathan, Consultant, ARC
C. Administrative Reforms Commission
30. Shri M. Veerappa Moily, Chairman, ARC
31. Shri V. Ramachandran, Member, ARC
32. Dr. A.P. Mukherjee, Member, ARC
33. Ms Vineeta Rai, Member-Secretary, ARC

12. Prof. T.R. Chandrashekar, Deptt. of Development Studies, Kannada University,

Hampi
B. Participants
13. Dr. Pratap Bhanu Mehta, President & Chief Executive, CPR
14. Mr. Justice Rajinder Sachar
15. Lt. Gen. V.K. Nayar (Retd.), Honorary Research Professor, CPR
16. Shri Ved Marwah, Honorary Research Professor, CPR
17. Dr. Ajit Mozoomdar, Honorary Research Professor, CPR
18. Shri Sanjoy Hazarika, Honorary Visiting Professor, CPR
230

231

Capacity Building for Conflict Resolution

Annexure-I(3)

Brief Summary of the Recommendations

made at the
National Workshop

I. Issues Relating to Tribal Populations

1. Legislations like the Indian Forest Act, Wildlife Protection Act, Forest Conservation
Act, etc. do not take into account the needs and sensibilities of the tribal populace
and have created widespread resentment and discontent. These legislations,
formulated with the intent of increasing State revenue and protecting State
property have made it illegal for tribals to draw livelihood from forests; an activity
that these people have engaged in, in a symbiotic and harmonious manner, for
generations. Deprivation of the only resources available to them by a faceless
and obdurate bureaucracy resulting in increased poverty and marginalisation has
played a major role in the greater tribal participation in Naxalite activity.
2. There should be a re-examination of the powers vested in the Governor by the
Fifth and Sixth Schedules vis--vis PESA. The Panchayat (Extension to Scheduled
Areas) Act transfers, in many ways, the power of the Governor of State over areas
protected by the Scheduled Areas Act to the Panchayats and has left quite a few grey
areas pertaining to control and authority between Panchayats and gubernatorial
authority.
3. There should be a grassroots level mechanism for redressing grievances along
the lines of Nyaya Panchayats at Gram Sabha levels based on the rationale that
adjudication of local problems at the local level would provide a more practical
and expedient system of justice.
4. There should be a Harmonisation of Laws (a) between Central Acts and Local
Land Laws (b) between Forest and Revenue Records and (c) between Court
judgements and other laws.
II. Issues Relating to Conflict Areas
1. The peace process must be separate from a political process, emphasising the
objectivity and professionalism of dialogue.
232

Annexure-I(3) Contd.

2. There should be increased coordination between various law enforcement

agencies. Given the long-term nature of the engagement, such structures
need to be put in place.
3. Presence of Armed Forces should be complemented by active role of civil
administration and non-State players.
4. The peace process must be all encompassing involving participants at all
levels. Local support must be matched to the central inclination of engaging
in the peace process.
III. Issues Relating to the North East
1. Territorially based solutions alone are not likely to work in the North
East. The structures of representation need to move away from a fixation
with territoriality, making it easier to accommodate various competing
interests.
2. It was time to think creatively about managing the migration from
Bangladesh. The issue needs a systematic, continuous and informed
approach.
3. The Armed Forces (Special Powers) Act needs to be abolished. The Inner
Line Permit restrictions need to be reconsidered.
IV. Issues Relating to Religion
1. Opportunities for education should be increased for minorities and it should
be ensured that delivery of public services to minorities is enhanced.
V. Issues Relating to Caste
1. As of now two Acts the Protection of Civil Rights Act, 1955 and the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989 are invoked in atrocity cases. There is no need for two Acts to deal
with one problem and it would be useful to devise a uniform legislation to
address violations of human and civil rights, with the stronger of the punitive
measure being adopted.
233

Capacity Building for Conflict Resolution

Annexure-I(3)

Brief Summary of the Recommendations

made at the
National Workshop

I. Issues Relating to Tribal Populations

1. Legislations like the Indian Forest Act, Wildlife Protection Act, Forest Conservation
Act, etc. do not take into account the needs and sensibilities of the tribal populace
and have created widespread resentment and discontent. These legislations,
formulated with the intent of increasing State revenue and protecting State
property have made it illegal for tribals to draw livelihood from forests; an activity
that these people have engaged in, in a symbiotic and harmonious manner, for
generations. Deprivation of the only resources available to them by a faceless
and obdurate bureaucracy resulting in increased poverty and marginalisation has
played a major role in the greater tribal participation in Naxalite activity.
2. There should be a re-examination of the powers vested in the Governor by the
Fifth and Sixth Schedules vis--vis PESA. The Panchayat (Extension to Scheduled
Areas) Act transfers, in many ways, the power of the Governor of State over areas
protected by the Scheduled Areas Act to the Panchayats and has left quite a few grey
areas pertaining to control and authority between Panchayats and gubernatorial
authority.
3. There should be a grassroots level mechanism for redressing grievances along
the lines of Nyaya Panchayats at Gram Sabha levels based on the rationale that
adjudication of local problems at the local level would provide a more practical
and expedient system of justice.
4. There should be a Harmonisation of Laws (a) between Central Acts and Local
Land Laws (b) between Forest and Revenue Records and (c) between Court
judgements and other laws.
II. Issues Relating to Conflict Areas
1. The peace process must be separate from a political process, emphasising the
objectivity and professionalism of dialogue.
232

Annexure-I(3) Contd.

2. There should be increased coordination between various law enforcement

agencies. Given the long-term nature of the engagement, such structures
need to be put in place.
3. Presence of Armed Forces should be complemented by active role of civil
administration and non-State players.
4. The peace process must be all encompassing involving participants at all
levels. Local support must be matched to the central inclination of engaging
in the peace process.
III. Issues Relating to the North East
1. Territorially based solutions alone are not likely to work in the North
East. The structures of representation need to move away from a fixation
with territoriality, making it easier to accommodate various competing
interests.
2. It was time to think creatively about managing the migration from
Bangladesh. The issue needs a systematic, continuous and informed
approach.
3. The Armed Forces (Special Powers) Act needs to be abolished. The Inner
Line Permit restrictions need to be reconsidered.
IV. Issues Relating to Religion
1. Opportunities for education should be increased for minorities and it should
be ensured that delivery of public services to minorities is enhanced.
V. Issues Relating to Caste
1. As of now two Acts the Protection of Civil Rights Act, 1955 and the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989 are invoked in atrocity cases. There is no need for two Acts to deal
with one problem and it would be useful to devise a uniform legislation to
address violations of human and civil rights, with the stronger of the punitive
measure being adopted.
233

Capacity Building for Conflict Resolution

Annexure-I(3) Contd.

2. The two National Commissions on SCs and STs, may be restructured to make
them more effective.
VI. Recurring Themes in Conflict Resolution
1. The principle of Subsidiarity should be adopted to make the administration reach
out to the people.
2. There is an urgent need to harmonise laws and to make sure that they are clear
and transparent so that a general faith in the rule of law could be restored.
3. Accountability should be increased in the Government.

234

7
seventh report

SECOND ADMINISTRATIVE REFORMS COMMISSION

capacity building for conflict resolution

capacity building for

conflict resolution

Friction to Fusion

Second Administrative Reforms Commission

Government of India
2nd Floor, Vigyan Bhawan Annexe, Maulana Azad Road, New Delhi 110 011
e-mail : arcommission@nic.in website : http://arc.gov.in

FEBRuary 2008